Bay Area Family Law Blog

Understanding Family Law Mediation

By: Sarah J. Arnott

Family law Mediation is process in which a highly trained neutral third party leads a couple through a discussion with the goal of working out an agreement.  Typically a family law mediation is used in the context of divorce, and involves issues of property division, spousal support, custody, and child support.

What are the benefits of Family Law Mediation?

Family law mediation has very real financial and emotional benefits.  Instead of paying a lot of money to go to court and have a Judge tell you what to do, mediation provides a forum (and guidance) for you and your spouse to work out an agreement that you both can live with.

Mediation saves money; time; promotes good communication; reduces anger and resentment; and supports a strong future relationship between you, your spouse, and your children.

Is Family Law Mediation the Same as Going to Court?

NO.  Family law mediation is not the same as going to court.

• Mediation helps conflicting parties reach their own agreement, whereas the court imposes its decision on the parties.
• Mediation can cost much less and is sometimes faster (and more amicable) than going to court.
• You do always have the option of going to court if mediation doesn’t work well.

Is Family Law Mediation Right for Everyone?

No.   While mediation is right in many cases, it doesn’t work for everyone. Generally we find that mediation is not a good fit if:

• There is a history of abuse;
• The parties don’t respect each other;
• One or both parties don’t buy into mediation and believe it can work; or
• It’s being used as a delay tactic.

If I Try Mediation and it Doesn’t Work, Can I then Go to Court?

Absolutely.  If you and your spouse can’t come to an agreement on one or more issues, you have the option of asking the court to step in and help you with that particular issue.

How Do I Find Out Whether Family Law Mediation is Right for My Situation?

Our family law attorneys are happy to chat with you to determine whether family law mediation is a viable option in your individual case.  We frequently guide our client through the mediation process, and we can also represent you in court if mediation doesn’t work out.

Please email info@heathnewton.com or call 415.398.1290 to find out how you and your family may benefit from family law mediation.

Categories: Mediation